Last Month at the Federal Circuit - July 2010


In this isuue:

*Claim Term Can Have Different Meanings in Different Claims When Used Inconsistently in Respective Embodiments in Specification

*Erroneous Claim Construction of the Article “a” Results in Remand of Patent Suit

*Court Reverses SJ of Invalidity and Orders Assignment to New Judge

*Mere Knowledge of False Marking Insufficient to Irrebuttably Prove Intent to Deceive Under 35 U.S.C. § 292

*When Based upon Conduct Pertaining to Inventorship, Attorney Fees May Be Awarded Without Determining Inventorship

*Federal Circuit Remands for New Trial on Liability of Individual Defendants After Finding Errors in Jury Instructions

*All Applications in Chain of Priority Must Reference Original Application to Be Entitled to Its Priority Date

*Contractual Obligation to Perform an Act Is Not Sufficient to Show Performance of Step of Method Claim

*Spotlight Info

*Looking Ahead

Please see full Publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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